SAHIL GUPTA & ANR. vs STATE THROUGH SHO PS BINDAPUR AND ORS & ORS.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th November, 2025 + CRL.M.C. 1249/2025 & CRL.M.A. 5624/2025 SAHIL GUPTA & ANR. .....Petitioners Through: Mr. Sahil Gupta and Mr. Arpit Gupta, Advocates along with petitioners in person. versus STATE THROUGH SHO PS BINDAPUR AND ORS & ORS. .....Respondents Through: Mr. Rajkumar, APP for the State with SI Priyanka Saini, PS Bindapur. Mr. Ashish Dutt, Advocate for R-2 & 3 CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (ORAL) 1. The present petition is filed seeking quashing of FIR No. 80/2024 dated 23.02.2024, registered at Police Station Bindapur, for offences under Sections 354/34 of the Indian Penal Code, 1860 (‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), including the proceedings emanating therefrom. The Chargesheet in the present case has been filed. 2. The Respondent No. 2/Complainant and the petitioners are residents of the same building. The FIR was registered at the Signature Not Verifiedbehest of Respondent No. 2, alleging that on 22.02.2024, at Signed By:SANJAY CRL.M.C. 1249/2025 Page 1 of 8 KUMAR Signing Date:22.11.2025 21:04:54 around 3 PM, the victim was pulled inside a car by both the petitioners and they started touching her inappropriately. When the uncle and aunt of the victim came to rescue her, the petitioners inflicted injuries upon them as well. Consequently, the aforementioned FIR was registered. 3. The present petition has been filed on the ground that the parties have settled their disputes by way of Memorandum of Understanding dated 08.01.2025, out of their free will, without any pressure, coercion or undue influence. 4. The no objection of the complainant through her father, to quashing of the FIR and the proceedings e